August v. Caruso et al

Filing 30

OPINION and ORDER DISMISSING AS MOOT re 27 Objection Signed by District Judge Patrick J. Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRACY J. AUGUST, Plaintiff, v. Civil Action No. 2:12-cv-13775 Honorable Patrick J. Duggan PATRICIA CARUSO, DANIEL HEYNS, MILLICENT WARREN, MS. VALLIE, MS. L. WILLIAMS, MS. PERRY, MS. TAYLOR, SERGEANT KAMIN, SERGEANT MARGOLIC, SERGEANT GODFREY, OFFICER RATLIFF, DR. TIMOTHY KANGAS, DANIEL LA FRAMBOISE, MS. WRIGHT, MS. FREISS, TAMIKA WOODS, DR. LACY, DR. SZYMANSKI, DR. QIN, DR. ONUIGBO, LANA MCCARTHY, RN HAMMOND, and RN TUCKER, Defendants. _____________________________________________/ OPINION AND ORDER DENYING PLAINTIFF’S “OBJECTION TO THE APRIL 1, 2013 ORDER OF REFERENCE TO U.S. MAGISTRATE” Presently before the Court is Plaintiff’s “objection” to the April 1, 2013 order of this Court referring to Magistrate Judge David R. Grand the motion for summary judgment filed by Defendants Lana McCarthy, Tamika Woods, RN Hammond, Officer Ratliff on March 29, 2013. Plaintiff does not object to the actual order of reference but requests that Magistrate Judge Grand not issue a report and recommendation with respect to the motion for summary judgment until Plaintiff has twenty-one (21) days to file a response. Simply because this Court referred the motion to the magistrate judge on April 1 did not mean that a ruling would be issued before Plaintiff’s time under the rules to file a response expired. The Local Rules for the Eastern District of Michigan grant a party twenty-one (21) days to file a response to a dispositive motion. See E.D. Mich. LR 8.1(e)(1)(B). Pursuant to Federal Rule of Civil Procedure 6(d), an additional three (3) days are added to this deadline. Accordingly, IT IS ORDERED, that Plaintiff’s “Objection to the April 1, 2013 Order of Reference to U.S. Magistrate” is DISMISSED AS MOOT. Dated: May 1, 2013 Copies to: Tracy J. August, #714643 Women’s Huron Valley Complex 3201 Bemis Road Ypsilanti, MI 48197-0911 Kevin R. Himebaugh, Esq. Ronald W. Chapman, Esq. Kimberley A. Koester, Esq. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

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